The East Plano Islamic Center is suing the Texas Funeral Service Commission for the right to perform services after the commission ordered the mosque to stop them earlier this year.
According to a lawsuit filed in a Travis County district court Wednesday and obtained by the Houston Chronicle, EPIC alleges the cease-and-desist letter the commission sent the mosque in March is an illegal overreach that violates state law and the mosque’s First Amendment religious rights.
“The Commission’s actions have forced EPIC to suspend sacred funeral rites, chilled its exercise of religion, and caused funeral homes to refuse to transport remains to EPIC for religious services—effectively barring Muslim families from practicing their faith in the moments that matter most,” the suit reads.
Since TFSC sent the letter, 11 congregants have died without receiving funeral rites at their home mosque, EPIC alleges. Islamic law requires prompt burial, ideally within 24 hours.
The commission determined EPIC was operating as a funeral home without an establishment license in violation of state code, according to the letter. TFSC also made a referral to the Collin County District Attorney's Office, which will decide whether to pursue any criminal charges.
Attorneys for EPIC say the mosque has never operated as a funeral establishment. Rather, EPIC partners with licensed funeral homes and local cemeteries to ensure proper funeral and burial rites in accordance with Islamic tradition.
EPIC had a funeral home license that expired in 2022. A now-deleted portion of the mosque’s website stated EPIC partners with Rahma Funeral Home — which has been operated by a licensed funeral director since 2004, according to the state's Online Licensing System — for funeral services.
"EPIC has attempted to support the emotional, religious, and financial needs of its members and those within its religious community as it relates to Islamic funeral rites, as well as providing critical logistical assistance during a difficult time for the loved ones of the deceased," the suit states.
EPIC argues TFSC doesn’t have the authority to take disciplinary action against the mosque, a non-license holder. Even if the mosque was a license holder, attorneys argue, disciplinary action could only happen after a hearing — which hasn’t occurred.
EPIC wants the court to stop the commission from enforcing the cease-and-desist order and issue a ruling in the mosque’s favor.
EPIC and its attorneys declined to comment. TFSC hasn’t filed a reply in court documents, and the commission’s interim executive director was not immediately available for comment Monday.
KERA News reached out to the Collin County DA’s office for any updates on whether there’s been a criminal investigation into the mosque over its funeral practices.
TFSC’s order came the day after Texas Attorney General Ken Paxton announced an investigation into EPIC over its planned 402-acre community development in Josephine, about 40 miles northeast of Dallas. EPIC is facing multiple state investigations — including a criminal investigation — over its operations and the proposed EPIC City development.
EPIC City became central to the hotly contested race between Paxton and U.S. Sen. John Cornyn, who called for an investigation into the development over concerns that it would discriminate against non-Muslims. The U.S. Department of Justice dropped its federal probe into EPIC City last month after finding, “all will be welcome in any future development.”
The funeral services suit accuses state officials of discriminating against the mosque based solely on religion.
“This manifested as hysteria about Sharia law and accused law-abiding Muslim Americans of being a veritable ‘fifth column,’” the suit reads, quoting a term used to describe enemy spies and sympathizers.
EPIC's lawsuit comes as TFSC's former executive director Scott Bingaman is also suing the commission over his firing last month. Bingaman signed the cease-and-desist letter sent to EPIC, but Bingaman's firing doesn't appear to be related.
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